BILL NUMBER: SB 458 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Wolk
( Principal coauthor: Assembly Member
Yamada )
( Coauthors: Senators
DeSaulnier and Wiggins )
( Coauthor: Assembly Member
Torlakson )
FEBRUARY 26, 2009
An act to add Division 22.3 (commencing with Section 32300) to the
Public Resources Code, relating to the Conservancies.
LEGISLATIVE COUNSEL'S DIGEST
SB 458, as amended, Wolk. Conservancies: Sacramento-San Joaquin
Delta Conservancy.
Existing law authorizes various conservancies to acquire, manage,
direct the management of, and conserve public lands in the state.
This bill would establish the Sacramento-San Joaquin Delta
Conservancy to undertake various activities related to the
delta Delta , as defined, including
monitoring projects within the watershed of the delta, providing
stewardship, and coordinating supporting efforts that
advance both environmental protection and the economic well-being of
Delta residents, and cooperating with other delta
Delta governance entities. The bill would
prescribe the management, powers, and duties of the conservancy. The
bill would create the Sacramento-San Joaquin Delta Conservancy Fund
in the State Treasury. Moneys in the fund would be available, upon
appropriation, for the purposes of the conservancy.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Division 22.3 (commencing with Section 32300) is added
to the Public Resources Code, to read:
DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
32300. This division shall be known, and may be cited
as, , as the Sacramento-San Joaquin Delta
Conservancy Act.
32301. The Legislature finds and declares all of the following:
(a) The Sacramento-San Joaquin Delta is a unique natural resource
of local, state, and national significance.
(b) At 1,300 square miles, the Delta is the largest estuary on the
west coast of North and South America.
(c) Its rivers and labryniths of sloughs and channels are home to
750 species of plants and wildlife as well as 55 species of fish,
provide habitat for 700 native plant and animal species, and are part
of the Pacific Flyway, one of the largest estuaries in the world.
(d) The Delta contains more than 500,000 acres of agriculture,
with unique soils and farmers who are creative and utilize innovative
agriculture, such as carbon sequestration crops, subsidence reversal
crops, wildlife-friendly crops, and crops direct for marketing to
the large urban populations nearby.
(e) The Delta provides numerous opportunities for recreation, such
as boating, kayaking, fishing, hiking, birding, and hunting.
Navigable waterways in the Delta are available for public access and
currently make up the majority of recreational opportunities. There
is a need for land-based recreational access points including parks,
picnic areas, and campgrounds.
(f) The Delta's history is rich with a distinct natural and
cultural heritage. It is home to the community of Locke, the only
town in the United States built primarily by early Chinese
immigrants. Other legacy communities include Isleton, Rio Vista,
Walnut Grove, Courtland, Clarksburg, Freeport, Knightsen, Hood, and
Bethel Island.
(g) The Delta is home to more than 500,000 people and 200,000
jobs, and contributes over thirty-five billion dollars
($35,000,000,000) to the state's economy.
(h) In addition, the Delta provides water to more than 25 million
Californians and three million acres of agriculture. It supports a
four hundred billion dollars ($400,000,000,000) economy and is
traversed by energy, communications, and transportation facilities
vital to the economic health of California.
(i) A Sacramento-San Joaquin Delta Conservancy can support efforts
that advance both environmental protection and the economic
well-being of Delta residents in a complementary manner, including
all of the following:
(1) Enhance habitat and habitat restoration.
(2) Protect agriculture and working landscapes.
(3) Increase recreation and public access in the Delta, including
linkages to areas outside the Delta.
(4) Promote tourism and economic vitality in the Delta.
(5) Promote Delta legacy communities.
(6) Protect historical and cultural resources.
(7) Assist local entities in the implementation of their Habitat
Conservation Plans (HCPs) and Natural Community Conservation Plans
(NCCPs).
(8) Facilitate safe harbor agreements for adjacent landowners.
(9) Promote environmental education.
CHAPTER 2. DEFINITIONS
32310. For the purposes of this division, the following terms
have the following meanings:
(a) "Board" means the governing board of the Sacramento-San
Joaquin Delta Conservancy.
(b) "Conservancy" means the Sacramento-San Joaquin Delta
Conservancy.
(c) "Delta" means the Sacramento-San Joaquin Delta as defined in
Section 12220 of the Water Code.
(d) "Fund" means the San-Joaquin Delta Conservancy Fund created
pursuant to Section 32374.
(e) "Local public agency" means a city, county, district, or joint
powers authority.
(f) "Nonprofit organization" means a private, nonprofit
organization that qualifies for exempt status under Section 501(c)(3)
of Title 26 of the United States Code and that has among its
principal charitable purposes preservation of land for scientific,
recreational, scenic, or open-space opportunities, protection of the
natural environment, preservation or enhancement of wildlife,
preservation of cultural and historical resources, or efforts to
provide for the enjoyment of public lands.
(g) "Tribal organization" means an Indian tribe, band, nation, or
other organized group or community, or a tribal agency authorized by
a tribe, which is recognized as eligible for special programs and
services provided by the United States to Indians because of their
status as Indians and is identified on pages 52829 to 52835,
inclusive, of Number 250 of Volume 53 (December 29,1988) of the
Federal Register, as that list may be updated or amended from time to
time.
CHAPTER 3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY
32320. There is in the Natural Resources Agency the
Sacramento-San Joaquin Delta Conservancy, which is created as a state
agency to work in collaboration and cooperation with local
governments and interested parties.
32322. The conservancy shall support efforts that advance both
environmental protection and the economic well-being of Delta
residents in a complementary manner, including all of the following:
(a) Enhance habitat and habitat restoration.
(b) Protect agriculture and working landscapes.
(c) Increase recreation and public access in the delta, including
linkages to areas outside the Delta.
(d) Promote tourism and economic vitality in the Delta.
(e) Promote delta legacy communities.
(f) Protect historical and cultural resources.
(g) Assist local entities in the implementation of their Habitat
Conservation Plans (HCPs) and Natural Community Conservation Plans
(NCCPs).
(h) Facilitate safe harbor agreements for adjacent landowners.
(i) Promote environmental education.
CHAPTER 4. GOVERNING BOARD
32330. The board shall consist of 11 voting members and four
nonvoting members, appointed or designated as follows:
(a) The 11 voting members of the board shall consist of all of the
following:
(1) The Secretary of the Natural Resources Agency, or his or her
designee.
(2) The Director of Finance, or his or her designee.
(3) The chairperson of the Delta Protection Commission, or his or
her designee.
(4) One public member appointed by the Contra Costa County Board
of Supervisors, who is a resident of the county.
(5) One public member appointed by the San Joaquin County Board of
Supervisors, who is a resident of the county.
(6) One public member appointed by the Sacramento County Board of
Supervisors, who is a resident of the county.
(7) One public member appointed by the Solano County Board of
Supervisors, who is a resident of the county.
(8) One public member appointed by the Yolo County Board of
Supervisors, who is a resident of the county.
(9) One public member appointed by the Governor.
(10) One public member appointed by the Senate Committee on Rules.
(11) One public member appointed by the Speaker of the Assembly.
(b) The four nonvoting members shall consist of the following:
(1) A designee of the San Francisco Bay Conservation and
Development Commission for coordination purposes.
(2) A designee of the State Coastal Conservancy for coordination
purposes.
(3) A Member of the Senate, appointed by the Senate Committee on
Rules, and a Member of the Assembly, appointed by the Speaker of the
Assembly, shall meet with the conservancy and participate in its
activities to the extent that this participation is not incompatible
with their positions as Members of the Legislature. The appointed
Members shall represent a district that encompasses a portion of the
Delta.
(c) The public member appointed by the Governor shall serve at his
or her pleasure.
(d) The locally appointed public members shall serve for a term of
four years, with a two-term limit.
(e) The public members appointed by the Senate Committee on Rules
and the Speaker of the Assembly shall serve for a term of four years,
with a two-term limit.
(f) The Members of the Senate and Assembly shall serve for a term
of four years, with a two-term limit.
32332. Annually, the voting members of the board shall elect from
among the voting members a chairperson and vice chairperson, and
other officers as necessary. If the office of the chairperson or vice
chairperson becomes vacant, a new chairperson or vice chairperson
shall be elected by the voting members of the board to serve for the
remainder of the term.
32334. A majority of the voting members shall constitute a quorum
for the transaction of the business of the conservancy. The board
shall not transact the business of the conservancy if a quorum is not
present at the time a vote is taken. A decision of the board
requires an affirmative vote of six of the voting members, and the
vote is binding with respect to all matters acted on by the
conservancy.
32336. The board shall adopt rules, regulations, and procedures
for the conduct of business by the conservancy.
32338. The board may establish advisory boards or committees,
hold community meetings, and engage in public outreach.
32340. The board shall establish and maintain a headquarters
office within the Delta. The conservancy may rent or own real and
personal property and equipment pursuant to applicable statutes and
regulations.
32342. The board shall determine the qualifications of, and shall
appoint, an executive officer of the conservancy, who shall be
exempt from civil service. The board shall employ other staff as
necessary to execute the powers and functions provided for in this
division.
32344. The board may enter into contracts with private entities
and public agencies to procure consulting and other services
necessary to achieve the purposes of this division.
32346. The conservancy's expenses for support and administration
may be paid from the conservancy's operating budget and any other
funding sources available to the conservancy.
32348. The board shall conduct business in accordance with the
requirements of the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
32350. The board shall hold its regular meetings within the
Delta.
CHAPTER 5. POWERS, DUTIES, AND LIMITATIONS
32360. The conservancy's jurisdiction is limited to the delta.
32362. The conservancy may engage in partnerships with nonprofit
organizations, local public agencies, and landowners.
32364. (a) The conservancy may provide grants and loans to state
agencies, local public agencies, nonprofit organizations, and tribal
organizations to further the goals of the conservancy.
(b) An entity applying for a grant from the conservancy to acquire
an interest in real property shall specify all of the following in
the grant application:
(1) The intended use of the property.
(2) The manner in which the land will be managed.
(3) How the cost of ongoing management and monitoring will be
provided.
32366. The conservancy may acquire from willing sellers or
transferors interests in real property and improve, lease, or
transfer interests in real property, in order to carry out the
purposes of this division.
32368. The conservancy may enter into an agreement with a public
agency, nonprofit organization, or private entity, for the
construction, management, or maintenance of facilities authorized by
the conservancy.
32370. The conservancy shall not exercise the power of eminent
domain.
32372. (a) The conservancy may pursue and accept funds from
various sources, including, but not limited to, federal, state, and
local funds or grants, private philanthropy, gifts, donations,
bequests, devises, subventions, grants, rents, royalties, or other
assistance and funds from public and private sources.
(b) The conservancy may accept fees levied by others.
(c) The conservancy may create and manage endowments.
(d) All funds received by the conservancy shall be deposited in
the fund for expenditure for the purposes of this division.
32374. The Sacramento-San Joaquin Delta Conservancy Fund is
hereby created in the State Treasury. Money in the fund shall be
available, upon appropriation by the Legislature, only for the
purposes of this division.
32376. Within two years of hiring an executive director, the
board shall create and adopt a strategic plan to achieve the goals of
the conservancy. The plan shall describe its interaction with local,
regional, state, and federal land use, recreation, water and flood
management, and habitat conservation and protection efforts within
and adjacent to the Delta. The plan shall establish priorities and
criteria for projects and programs, based upon an assessment of
program requirements, institutional capabilities, and funding needs
throughout the Delta. The plan shall be consistent with the Resource
Management Plan developed by the Delta Protection Commission and the
Central Valley Flood Protection Plan.
32378. (a) The conservancy may expend funds and award grants and
loans to facilitate collaborative planning efforts and to develop
projects and programs that are designed to further the purposes of
this division.
(b) The conservancy may provide and make available technical
information, expertise, and other nonfinancial assistance to public
agencies, nonprofit organizations, and tribal organizations, to
support program and project development and implementation.
32380. The conservancy may acquire water or water rights to
support the goals of the conservancy. All matter omitted in
this version of the bill appears in the bill as introduced in the
Senate, February 26, 2009 (JR11)